A Port Richmond woman has no legal standing to file a $400 million lawsuit on behalf of her daughter and granddaughter, who were believed to have drowned in a swollen North Carolina creek three years ago while being chased by a store security officer, ruled a federal judge.
In dismissing Annette Johnson's lawsuit against Burlington Coat Factory, Senior District Judge Edward R. Korman said she has not received the requisite letters of administration nor been named executor of the estates of her daughter, Gracie Nell Johnson, and granddaughter, Rianna Tarell Johnson, who are former borough residents.
"Because (Annette Johnson) is not the administrator of the two estates on whose behalf the complaint is filed, although she has had more than three years to obtain letters of administration, she has no standing to bring this action," wrote Korman, who sits in Brooklyn.
A legal source said Ms. Johnson could re-file the suit if and when she's appointed administrator of her kin's estates, provided she does so within any applicable statute of limitations to commence the action.
Ms. Johnson filed the wrongful-death and civil-rights lawsuit in August of last year in Brooklyn federal court.
The articles consisted of underwear and a plastic necklace, Ms. Johnson's lawyer, Raphael Weitzman of Manhattan, told the Advance then.
The Charlotte-Mecklenburg Police Department told the Advance at the time that the two women and the security officer went into a creek – which had become swollen due to flooding – behind a nearby business park. Although the employee made it out of the creek, the women did not.
However, Ms. Johnson's civil complaint contended the guard followed the women for a quarter of a mile "through a forest" and "savagely beat and killed them."
"When the bodies were found there were bruises all over them, " Ms. Johnson's civil complaint alleged.
Weitzman said his expert's review of the autopsy report indicated Gracie Nell Johnson had suffered defensive wounds and was protecting her daughter.
Weitzman alleged the security officer "vanished" after the incident and never gave police an official statement. He has not been identified.
Weitzman could not immediately be reached Friday for comment.
Annette Johnson told the Advance her daughter and granddaughter had relocated to North Carolina a few years before the episode. They were planning to move back to New York when the incident occurred, she said.
Public records show Gracie Nell Johnson had an address in Clifton as recently as 2009, and had also lived in Mariners Harbor and West Brighton.
According to a press statement at the time, police said the incident unfolded after they received a larceny call from the store.
When officers arrived, the store had one of three suspects in custody, while the other two ran off, chased by a store loss prevention officer.
The two women and the guard went into a swollen creek, but only the guard emerged, according to police.
Rescue workers found Gracie Johnson dead in the creek "after a brief search," police said.
They found Rianna Johnson dead a day later.
The lawsuit alleged the guard refused to get the women medical aid and "instead, he left the bodies sunk in a creek."
The suit, filed against Burlington Coat Factory Warehouse Corporation and Burlington Coat Factory of North Carolina, sought $100 million in compensatory damages and $300 million in punitive damages.
Besides wrongful death and civil rights violations, it alleged negligence and denial of medical care.
Burlington has stores in New York City, which formed the basis of the lawsuit's jurisdiction, Weitzman, the lawyer, previously told the Advance.